Page:Cole v. State (214 Ark. 387).pdf/2

388 errors occurring in the course of the trial. See Cole et al. v. State, 210 Ark. 433, 196 S.W.2d 582. On remand to the Circuit Court, the Prosecuting Attorney elected to proceed on a new information rather the original indictment. The information on which the defendants were tried, and from which comes the present appeal, reads in full as follows:

"Comes Sam Robinson, Prosecuting Attorney within and for Pulaski County, Arkansas, and in the name, by the authority, and on behalf of the State of Arkansas, information gives accusing Roy Cole, Louis Jones and Jessie Bean of the crime of felony, committed as follows, to-wit: On the 26th day of December, A.D. 1945, in Pulaski County, Arkansas, Walter Ted Campbell, acting in concert with other persons, assembled at the Southern Cotton Oil Company's plant in Pulaski County, Arkansas, where a labor dispute existed, and by force and violence prevented Otha Williams from engaging in alawful vocation. The said Roy Cole, Louis Jones and Jessie Bean, in the County and State aforesaid, on the 26th day of December, 1945, did unlawfully and feloniously, acting in concert with each other, promote, encourage and aid such unlawful assemblage, against the peace and dignity of the State of Arkansas."

The trial on the information resulted in a conviction of all. three defendants. They again appealed to thisCourt. The judgment of• conviction against Bean wasreversed and the cause against. him was dismissed be.cause of the insufficiency of the evidence. The judgments against Cole and Jones were affirmed. See Cole et al. v. State, 211 Ark. 836, 202 S.W.2d 770. They petitioned the U.S. Supreme Court for certiorari, which was granted; and that Tribunal, in an opinion rendered on March 8, 1948, said:

"The convictions were for a violation of section 2. Petitioners urged in the State Supreme Court that the evidence was insufficient to support their conviction ofa violation of section 2. They also raised serious